Before
the court are defendant's motion for discovery (Doc . No.
13) and the government's request for a protective order
and order for reciprocal discovery (Doc. No. 16).

DEFENDANT'S
MOTION FOR DISCOVERY (DOC. NO. 13)

Defendant
requests that the court order the government to produce the
material set forth in the requests that follow. Defendant
contends that the government is obligated to produce the
material pursuant to: (1) Fed. R. Crim. P. 16; (2) the Jencks
Act (18 U.S.C. § 3500); and (3) the government's
obligation under the Due Process Clause to produce
exculpatory and impeachment material pursuant to
Brady, [1]Giglio, [2] and their progeny.

Defendant's
discovery requests and the government's responses are
addressed seriatim as follows:

1.
Information written, recorded, or reported as gathered by
Federal Agents in interviews with Gene Koch, Defendant's
former business partner and friend, now deceased, which
information she believes is critical to her defense.

The
government states it does not have the requested information
in its possession. Given this representation, no court action
is required.

2.
A packet of documents Federal Agents took from her in January
of 2014 when she was told she was not a target of any
investigation but which they promised to return to her and
never did.

The
government states it has provided information with respect to
this item, i.e., “RJ Records Box 1, 2, 3,
Quickbooks and thumbdrive.” In the absence of a further
showing by defendant, no court action is required.

3.
Phone records, text messages or other recordings or
documentation that would support statements made in the
discovery material where Sarah Creveling claimed that
Defendant pressured or harassed Doug Carlile to get her
investment back.

The
government states that responsive information will be
provided as part of a three-terabyte download of device
imaging. To the extent the information is not provided,
defendant can renew its request with a more targeted one.

4.
Text messages, emails, recordings or other documentation that
pertain to exchanges or discussions between Mike Schmitz and
Sarah Creveling that in any way are alleged to support
illegal activities engaged in by Defendant.

The
government states that some of the requested information may
be included in the information that will be provided as set
forth its response to Request No. 3, but, if it is not in
there, it either does not exist or is not in the
government's possession.

5.
Copies of all letters, text messages, or other communications
in the government's possession or access alleged to have
been sent to or received by Gene Koch, Christopher Matysek,
Alex Feldman, Douglas Helton, Mike Hentgen or Bob Gannaway in
which is contained information supportive of the governments
position that defendant engaged in illegal activity.

The
government states the requested information has been provided
as part of initial or supplemental discovery submissions to
the extent it is in the government's possession. Based on
this representation, no court action is required.

6.
A copy of any and all reports, emails, text messages,
recordings or other information obtained by Federal Agents
from Steve Stenehjem.

The
government states no information was previously acquired but
that the individual has been interviewed following the making
of the present motion and that any reports generated will be
provided.

7.
Any and all reports, recordings, or computer records of
interviews of Rene Johnson by Federal Agents including, but
not limited to any that may have taken place prior to the
time she was not a target of investigation, any conducted by
federal agents in January of 2014 under grant of immunity and
any conducted in March of 2017, after the federal government
had been advised no further interviews would be permitted
without presence of her counsel but she was interviewed
anyway. This should include the names and addresses of all
persons present at any and all such interviews, including but
not limited to stenographers, typists, computer operators,
recorders and a statement of when and where the interviews
took place.

The
government states it believes defendant is referencing
interviews conducted by agents under a grant of immunity by
authorities in another district and that the reports and
recordings will be provided to the extent they exist. With
respect to this item, the government will be required to turn
over any information with respect to statements made by the
defendant as required by Fed. R. Crim. P. 16(a)(1)(A)-(C),
including any statements made by the defendant to federal
prosecutors or agents in another judicial district that are
in anyway related to the matters that are the subject of the
Indictment.

8.
Any and all reports, emails, text messages, recordings or
other information in the government's possession or
access obtained from or about persons who expressed an
interest in investing in leases or oil development in Section
I2, Township 148, Range 92 West, Fort Berthold Indian
Reservation in Dunn County, North Dakota.

The
government states it has already provided any responsive
information that is in its possession. Based on this
...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.